96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB2793


 
Introduced 1/28/2010, by Sen. Mike Jacobs
 
SYNOPSIS AS INTRODUCED:
 		





 


  



40 ILCS 5/3-116
  from Ch. 108 1/2, par. 3-116



30 ILCS 805/8.34 new











     Amends the Downstate Police Article of the Illinois Pension Code. In provisions concerning recovery from disability, provides that the police officer shall report to the chief of the department, who shall thereupon order immediate reinstatement into active service, and the municipality shall immediately return the police officer to its payroll, in the same rank or grade held at the date he or she was placed on disability pension. Provides that, if the police officer must file a civil action against the municipality to enforce his or her mandated return to payroll, then the police officer is entitled to recovery of reasonable court costs and attorney's fees. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
  















LRB096 19667 AMC 35067 b

















FISCAL NOTE ACT MAY APPLY


PENSION IMPACT NOTE ACT MAY APPLY


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
















 


 


A BILL FOR









 




  






SB2793

LRB096 19667 AMC 35067 b





  
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    AN ACT concerning public employee benefits.
  
 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:
  



 
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    Section 5. The Illinois Pension Code is amended  by changing 
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Section 3-116 as follows:
 



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    (40 ILCS 5/3-116)  (from Ch. 108 1/2, par. 3-116)



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    Sec. 3-116. Examination and emergency service. A police 
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officer whose duty is suspended because of disability may be

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summoned to appear before the board, and to submit to an 
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examination
to determine fitness for duty. The
officer shall 
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abide by the board's decision. If a police officer retired
for 
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disability, except one who voluntarily retires after 20 years' 
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service,
is found upon medical examination to have recovered 
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from
disability, the board shall certify to the chief of police 
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that the member
is no longer disabled and is able to resume the 
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duties of his or her
position. The police officer shall report 
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to the chief of the department, who shall thereupon order 
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immediate reinstatement into active service, and the 
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municipality shall immediately return the police officer to its 
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payroll, in the same rank or grade held at the date he or she 
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was placed on disability pension. If the police officer must 
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file a civil action against the municipality to enforce his or 
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her mandated return to payroll under this Section, then the 
 


 






SB2793
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LRB096 19667 AMC 35067 b




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police officer is entitled to recovery of reasonable court 
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costs and attorney's fees. In case of emergency, a disabled 
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police officer
may be assigned to and shall perform such
duty 
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without right to compensation as the chief of police or chief 
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officer
of the municipality may
direct.

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(Source: P.A. 83-1440.)

 
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    Section 90. The State Mandates Act is amended by adding 
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Section 8.34 as follows:
 
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    (30 ILCS 805/8.34 new)
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    Sec. 8.34. Exempt mandate. Notwithstanding Sections 6 and 8 
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of this Act, no reimbursement by the State is required for the 
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implementation of any mandate created by this amendatory Act of 
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the 96th General Assembly.
 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.